STATE v. GRADE

No. 91-0605-CR.

165 Wis.2d 143 (1991)

477 N.W.2d 315

STATE of Wisconsin, Plaintiff-Appellant, v. Thomas J. GRADE, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided October 16, 1991.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant the cause was submitted on the briefs of Paul E. Bucher, district attorney and Pablo Galaviz, assistant district attorney.

On behalf of the defendant-respondent the cause was submitted on the brief of Barry S. Cohen of William A. Pangman & Associates, S.C. of Waukesha.

Before Nettesheim, P.J., Anderson and Snyder, JJ.


ANDERSON, J.

The state appeals from an order precluding it from referring to Thomas J. Grade's partial breath alcohol test results and any refusal conduct in a prosecution for operating a motor vehicle while under the influence (OWI) contrary to sec. 346.63(1)(a), Stats. Grade failed to provide two complete tests in the required sequence on an infrared breath-testing instrument. Because we conclude that partial test results are inadmissible, we affirm the order. We...

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